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Class action suit against Southwest regarding EBCI

Discussion in 'Non-Vegas Chat' started by GottaLuvCruising, Nov 22, 2014.

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  1. GottaLuvCruising

    GottaLuvCruising High-Roller

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  2. Chuck2009x

    Chuck2009x VIP Whale

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    Glad to see this. Hopefully this will result in them having to disclose exactly how they calculate the boarding position for EB, either in court documents or on the web site. I knew that Anytime fares came ahead of EB, but I haven't been too psyched about buying EB a few days after schedules came out, 5 and 6 months in advance, and ending up in the 40's. They need to be more transparent.

    There were two interesting things in the filing:
    • The lead plaintiffs at least claim that they found there were other Wanna Get Aways without EB who had higher boarding positions; if I'm reading it right, this is because:
    • EB boarding positions are all assigned and locked in at the 36 hour mark
    • Some Anytime or A-List pax, who would have higher positions than EB, cancel after EB positions are determined, which apparently frees up those spots to go to non-EB pax, either at the 24 hour check in, or whoever is next to check in after the cancellation occurs
    • I don't know that it's relevant to the fairness question, but they also complain that the EB is really a bag fee is disguise, which is always what I thought. But more in terms of securing overhead bin space, not so much in terms of a substitute revenue for checked baggage.
     
  3. GottaLuvCruising

    GottaLuvCruising High-Roller

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    My greatest frustration is that they don't address seat-saving and they don't guarantee EBCI before family boarding...it's worthless afterward.

    Most of our paid flights in the last two years have been on JetBlue, but with their recent announcement all bets are off now! If we end up back on Southwest, I'd like to know that EBCI has some value.
     
  4. bdautch

    bdautch VIP Whale

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    How do you join the class? I fly SWA around 5-6 times per year, and I always pay for Early Bird (being a sucker, I guess), so I'm affected by the actions alleged against SWA.
     
  5. bdautch

    bdautch VIP Whale

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    Also, I wonder what it'd be like if Early Bord worked like this: A 1-15 is still for Business Select. If A 15-30 is available on both legs of your flight, you pay $25 round trip. If A-31-60 is available on both legs, you pay $20 RT. B 1-30, $15 RT. B 31-60, $10 RT. Once B 60 is spoken for, they wouldn't charge you if only C boarding passes were left. I wonder if that would satisfy their customers/the courts who oversee such activity.
     
  6. GottaLuvCruising

    GottaLuvCruising High-Roller

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    Everyone who paid for it (in the last four years) is automatically included. That's lots of flights for us as up until 18 months ago, we used them 5-6 times a year to fly between our Maine & Florida homes, plus cruise and Las Vegas travel.
     
  7. GottaLuvCruising

    GottaLuvCruising High-Roller

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    I'd prefer seat assignments, but at least with your proposal you know what you are paying for.
     
  8. Chuck2009x

    Chuck2009x VIP Whale

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    Well, now you know you might have been, and apparently you're in favor of it. So the "tough guys" won't make fun of you, lol.
     
  9. Badger31

    Badger31 Low-Roller

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    I still don't mind. I'll gladly pay an extra $12.50 so I can focus on my Vegas shenanigans instead of searching for some WiFi so I can check in for my departing flight the next day.
     
  10. ncfatcat

    ncfatcat Low-Roller

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    Yes probably every class member will get $2-$3 each and Torte Attorneys &25-30 million
     
  11. Chuck2009x

    Chuck2009x VIP Whale

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    25 - 30 million is a lotta cake.
     
  12. GottaLuvCruising

    GottaLuvCruising High-Roller

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    As for me and my house, we're just looking for Southwest to take proper steps to ensure they are selling a product of value and protecting that value. I doubt anyone other than the attorneys are actually expecting anything else out of the suit. I've communicated my frustration with Southwest many times, but they just don't hear it. I hope now they will listen.

    If EBCI isn't an issue for others, so be it. Continue to pay for something unknown or be happy with a middle seat. No skin off my back!
     
  13. Chuck2009x

    Chuck2009x VIP Whale

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    It's pretty easy to see how the settlement would go, if it ever gets that far. Monetary damages get thrown out because Southwest doesn't have classes of seating so you can't put a value on Seat A vs Seat B.

    Southwest has to run the numbers and make an estimate on what percentage of EB purchases didn't get as high a boarding position as they should have.

    They come up with some number, just for illustration, say 1%.

    The settlement is:

    Southwest has to disclose clearly how it works.

    Attorneys fees

    Lead Plaintiffs each get their $25 back, plus attorney fees

    Everybody else who bought EB gets their choice of:
    A. One free EB for every 100 times they bought EB (but not less than one free EB), or
    B. 1% of the amount they paid for EBs during the period, except if that sum is less than $X, they have to choose option A.
     
    Last edited: Nov 22, 2014
  14. smartone

    smartone VIP Whale

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    I agree with 100%... you took the words right out of my mouth!
     
  15. nhcris

    nhcris VIP Whale

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    I fly SWA frequently, and I always get EB. I have always been able to get a seat I am happy with meaning I have never been in a middle seat, and the vast majority of my flights have been full or nearly full. I will be quite upset if this results in SWA eliminating early boarding and now I have to pay attention to checking in at the 24 hour mark again. Clearly they can raise prices enough to get their $12.50 on every ticket without it even being noticeable to us and will come ahead in the end. The big losers will be those of us that fly Southwest regularly. I hate frivolous stupid lawsuits!
     
  16. Badger31

    Badger31 Low-Roller

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    Agree 100%.
     
  17. LVfan

    LVfan Tourist

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    I agree as well
     
  18. C0usineddie

    C0usineddie VIP Whale

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    Do we really need a lawsuit about this?

    Cant consumers just talk with their wallets?

    Here is a simple tip.

    check in 24 hours ahead of time online. Then get your number and board the plane when they call that group.

    There will always be someone behind you.

    If you need to travel in a big group and sit together, there are other airlines that offer that service.
     
  19. DrLect

    DrLect Winning!

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    After going through the claim paperwork, tracking the times one flew SW and paid the EB, and if the class action prevails and a settlement is reached, class members might get $0.60 or $0.70 awarded per leg? Sure sounds lucrative to me.
     
  20. bedaniels

    bedaniels High-Roller

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    Southwest should show the customer the next boarding position available at the time of EB purchase. You would know what you are buying.
     
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